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Home My WebLink About04-2786 JOHN TOBAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04 - a...,Pb C,ULL l~ WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : CIVIL ACTION - LAW NOTICE - COMPLAINT YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYERGOTO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A VISO LE HAN DEMAND ADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente 0 y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado Ie advierte _..-~.",...~~-.,-,..-..." I" que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cuaIquier dinero demandado en la queja 0 para cualquier otra demanda 0 relevacion pedida por el demandante. Usted puede perder el dinero 0 la caracteristica de otra endereza importante a usted. USTED DEBE LLEV AR ESTE P APEL SU ABOGADO INMEDIA T AMENTE. SI USTED NO HACE QUE UN ABOGADO VA Y A A 0 LLAME POR TELEFONO La OFICINA DISPUEST A ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDICOS DE LA OFERT A DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARlO REDUCIDO 0 NINGlJN HONORARIO Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 JOHN TOBAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 04- ;J..?PI.. C,;",~L~'tIU-[ WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : CIVIL ACTION - LAW COMPLAINT Parties 1. The Plaintiff John Tobar is an adult individual who resides at 1611 Third Avenue SE, Austin, Minnesota, 55912. 2. The Defendant Werner Enterprises, Inc. is a corporation with an office at 523 East Lancaster Avenue, Wayne, Pennsylvania, 19087. 3. The Defendant Matthew Kretz is an adult individual who resides at 512 22nd Street, Erie, Pennsylvania, and at all times was the agent and employee of the Defendant Werner Enterprises, Inc. BACKGROUND 4. On May 21, 2003 at approximately 2:00 p.m. the Plaintiff John Tobar was driving a 2000 Peterbilt tractor pulling a 2001 Benson flatbed trailer, both of which he owned. -1- 5. On that same date the Defendant Matthew Kretz was operating a 2002 Peterbilt tractor pulling a Wabash dry van. 6. The Plaintiff John Tobar was traveling East on Route II in Middlesex Township, Cumberland County, in a safe manner and within the posted speed limit. 7. The Defendant Matthew Kretz was traveling in the same direction on Route II, Middlesex Township, Cumberland County. Negligence 8. The Defendant Matthew Kretz was in the left lane and in front of the Plaintiff John Tobar. The Defendant moved into the right lane and then suddenly moved back into the left lane causing his vehicle to strike the right front comer of the tractor owned and driven by the Plaintiff John Tobar. 9. The impact by the Defendant Werner's tractor and trailer to Mr. Tobar's tractor caused damage to Mr. Tobar's tractor as listed below. 10. At all times relevant to the claims and causes of action set forth in this Complaint, the Defendant Matthew Kretz was the agent, servant and employee of the Defendant Werner Enterprises. -2- 11. All of the actions of the Defendant Matthew Kretz are attributable to his principal, master and employer, the Defendant Werner Enterprises. 12. The collision and all of the hereinafter mentioned damages sustained by the Plaintiff John Tobar are the direct result ofthe negligence of the Defendant Matthew Kretz and his employer the Defendant Werner Enterprises as more particularly described as follows: (a) In failing to stop the tractor trailer before colliding with the tractor which John Tobar was driving. (b) In failing to keep alert and to maintain a proper lookout for the presence of other motor vehicles, more specifically, the Plaintiff John Tobar's tractor trailer. (c) In failing to keep adequate and proper control over the tractor trailer to avoid contact with the tractor trailer which the Plaintiff John Tobar was driving. (d) In operating the tractor trailer in a manner endangering persons and property in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, more specifically 75 Pa.C.S.A. 93301, "driving on the right side of the roadway" and 93714, "careless driving." -3- (e) In failing to properly and quickly apply the brakes to prevent the tractor trailer from colliding with the tractor trailer which the Plaintiff John Tobar was driving. Damages 13. The force and impact of the collision as caused by the negligence of the Defendants Werner Enterprises and Matthew Kretz caused damage to the tractor owned by John Tobar as follows: (a) Cracked engine block; (b) Damaged bumper; (c) Damaged right spring hanger; (d) Damaged hood; (e) Damaged right side headlight assembly; (f) Damaged transmission cooler; -4- (g) Damaged air conditioning condenser; (h) Damaged charge air cooler; (i) Damaged radiator assembly; (j) Damaged fan; (k) Damaged right cowl panel; and (I) Damaged turbo. 14. The cost to repair the damage to the tractor exceeded the cash value of the tractor. 15. The actual cash value of the tractor was $58,500, the salvage value was $22,500, resulting in a loss of $36,000 to Plaintiff John Tobar, the owner of the tractor trailer. 16. The tractor had to be towed on two occasions at a cost of $550. 17. PlaintiffJohn Tobar lost the use of the tractor trailer for one week. The rental payment for a similar tractor is $485 per week. -5- WHEREFORE, the Plaintiff John Tobar demands judgment against the Defendants Werner Enterprises and Matthew Kretz in the amount of $37,035 which exceeds the compulsory arbitration limits of Cumberland County, together with interest and costs of suit. CLARA VAL & CLARA VAL Date: 6f~~y By ROBERTF.CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court J.D. #19222 Attorneys for Plaintiff -6- VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to c.ounsel, it is true and c.orrect to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. () p C---~ JOHN TO~' ~ (.) o(q P '" tI) 1f: :Ii 0 lit (;) X3 0 ~~~ f' Y- r) ~.; 0 ~. ~l ~. -,'1 .--, p~.~< -.-.j-n ._.1 . -: [~:-:' :": ~') -f] ,:8 i-) .:.., SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOBAR JOHN VS WERNER ENTERPRISES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WERNER ENTERPRISES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 14th , 2004 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge Dep Delaware Co So answers: 18.00 9.00 10.00 36.75 .00 73.75 07/14/2004 ROBERT CLARAVAL ~~----;?' R. / Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before this n e day of q~ J.gu.t A.D. ~'- O~.~ Prothonotary ,'-,--' me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02786 P COMMONWEALTH OF PENNSYLVJ~IA: COUNTY OF CUMBERLAND TOBAR JOHN VS WERNER ENTERPRISES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KRETZ MATTHEW but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ERIE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 14th , 2004 , this office was in receipt of the attached return from ERIE Sheriff's Costs: Docketing Out of County Surcharge Dep Erie County So 6.00 9.00 10.00 58.00 .00 83.00 07/14/2004 ROBERT CLARAVAL ~/~~~~/~ /-/~~ , ---~-:;-.- .- 2: ~-_..=;r~ R. homas Kline ---- Sheriff of Cumberland County Sworn and subscribed to before this 1& f! day of 9.0,/ :200'-1' A.D. (\ . . () ~ 40& ~ Prothonotary' T' me In The Court of Common Pleas ofCuinberland County, Pennsylvania John tobar VS. Werner Enterprises et al SERVE: Werner Enterprises lnc No. 04-2786 civil Now, June 21, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~f'/ . /::::::?' r ....~--"""<.~f.,-"'~..... Sheriff of Cumberland County, PA Affidavit of Service by handing to ?n't~Z!- tv~ upon7//~~4 #1~ at '~,AU~ ~/f~ ,/V"~ 0' ~ copy of the original ~~ ~~~ Now, , 20 A., at / ; Lf ~ 0 'clock L M. served the within a and made known to So answers, the contents thereof ~ 5}~,j/e'_e- #wi Sheriff of County, PA Sworn and f.l}bscribed before me this !.3!1day Of~j ~lfi ~, ,20.cd COSTS SERVICE MILEAGE AFFIDAVIT $ $ NOTARIAL SEAL KATHLEEN E McCUE~. Notary Pubtic Media Boro.. Delaware COUflty My Commission Expires April? 2006 /~ R. THOMAS KLINE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One'Courthouse Square U \ \'\\~ Carlisle, Pennsylvania 17013\ fx'!~ lP '& q ex ~ Aar (hL' ~~~f JODY S. SMITH Reai Estate Deputy [ (~'~'P~ TO: Hon. Joseph McGinn Delaware County Sheriff RE: John Tobar VS Werner Entexwises Inc et al 04-2786 civil ~ar Sheriff: Enclosed please find Notice and Canplaint to be served upon . ~ Entezprises In.c. _!IIiIIIM't Lancaster Avenue ~. PA 19087 in your County. Kindly make service thereof and send us your return of service. Very truly yours, ~~.~C~J. R. Thomas Kline, Sheriff Cumberland County, Pennsylvania -Enclosures: In The Court of Common Pleas of Cumberland County, Pennsylvania John tobar VS. Werner Enterprises et al SERVE: Matthew Kretz No. 04-2786 civil Now, June 21, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Erie County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~~R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - NOT SERVED \: (j('\'\ 'i)<.'- ( (\ 0(' . :......\' ') 'l;i i'--\~' ,;1 S~ CASE NO: 2004-02786 M COMMONWEALTH OF PENNSYLVANIA COUNTY OF ERIE JOHN TOBAR VS WERNER ENTERPRISES ET AL Bob Merski , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: KRETZ MATTHEW but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT NOT SERVED , as to the within named DEFENDANT , KRETZ MATTHEW 512 EAST 22ND ST ERIE PA 16503 0000 RETURNED UNSERVED;HIS SISTER LISA KRETZ IS THE LANDLORD FOR THIS APT. MATTHEW IS AN OTR TRUCKER WITH NO FIXED ADDRESS. HIS # IS 716-269-4585 Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: . 00 /]~ _ . # . .00 .3'013 r~ .00 Bob Merski, Sheriff of Erie County .00 .00 .00 00/00/0000 Sworn and subscribed to before me this..1JJ::b day of ~ ~. A.D. f .. ~/..&~ ot,rv S~ ~=ER.NdlfYNlIG OtIt.~~..., htt Cunolll I . FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Werner Enterprises, Inc. JOHN TOBAR COURT OF COMMON PLEAS CUMBERLA~)COUNTY Plaintiff CIVIL ACTION v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ No. 04-2786 Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE: TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant Werner Enterprises, Inc. in the above-captioned matter. JURY TRIAL DEMAND TO THE PROTHONOTARY: Demand is hereby made for a jury of twelve (12) people in the above-captioned matter. FINEMAN KREKSTEIN & HARRIS, P.C. July 26, 2004 BY~~ JAIt ~RRC RRIS Attorney for Defendant Werner Enterprises 0 ...... = ~ ~ = .&" --000 (... ~rr c:: ~::n 'r'"l r- ,-- zS"{ N :B~ (I'):> ~ " Q) 0, ~J.. ~C:; -0 ~:fj ;;?"C ZJ ::J: zr5 >c: w dm -/ -I ~ c.n ~ a. JOHN TOBAR, Plaintiff v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 04-2786 : CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above action Date: '7/n}y CLARAVAL& CLARAVAL Attorneys for Plaintiff .~t.l !T'l --::... ..".~ ~>;.,. ()j ,~,,~ t'-; :-:::: fi;~ ~ ~ W \.0 '" = "'" ..,... <- c:: r-- c.., o -0 :l: o " :r mJ:J :sED oX' ,,-,0 ::J:'-r c5::rJ ~?C) Om :;;;j ~j -<; FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103-5413 (215) 893-9300 TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MA TIER wrmlN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAVL T JUDGMENT MAYBE ENTERED AGAINST~9U' p..~ . #0...-..... Att e for Defe nt Werner Enterprises, Inc. JOHN TOBAR COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff CIVIL ACTION v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ No. 04-2786 Defendants JURY TRIAL DEMANDED ANSWER, NEW MATTER AND COUNTERCLAIM OF DEFENDANT WERNER ENTERPRISES. INC. PARTIES 1. Denied. After reasonable investigation, defendant Werner Enterprises, Inc. (hereinafter referred to as "Werner Enterprises") is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 1. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 2. Admitted in part; denied in part. It is admitted that Werner Enterprises is a corporation. It is denied that it has offices at 523 East Lancaster Avenue, Wayne, Pennsylvania 19087. By way of further answer, Werner Enterprises' offices are located in Omaha, Nebraska. 3. Admitted in part; denied in part; It is admitted that defendant Matthew Kretz (hereinafter referred to as "Matthew Kretz") is an adult individual whose last known address was 512 22nd Street, Erie, Pennsylvania and was a Werner Enterprises employee on May 21, 2003. It is specifically denied that Matthew Kretz was Werner Enterprises' agent. By way of further, the remaining allegations in paragraph 3 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any remaining factual allegations in paragraph 3, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. BACKGROUND 4. Denied. After reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 4. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 5. Admitted in part; denied in part. It is admitted that on May 21, 2003, Matthew Kretz was operating a 2002 Peterbilt tractor. The remaining allegations in paragraph 5 are denied. Strict proof is demanded at the time of trial, if relevant. By way of further answer, it is admitted that Matthew Kretz was pulling a Wabash trailer. 6. Denied. After reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 6. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. By way of further answer, the allegations contained in paragraph 6 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 7. Admitted in part; denied in part. It is admitted that on May 21,2003, Matthew Kretz was traveling east on Route 11 in Middlesex Township, Cumberland County, Pennsylvania. NEGLIGENCE 8. Admitted in part; denied in part. It is admitted that while traveling on Route 11, Matthew Kretz moved from the left lane into the right lane. It is denied that Matthew Kretz suddenly moved back into the left lane causing his tractor-trailer to strike the right front comer of the tractor owned and driven by the plaintiff. By way further answer, this accident was caused when the plaintiff rear-ended the tractor-trailer driven by Matthew Kretz. 9. Denied. It is denied that the impact by the Werner Enterprises tractor-trailer to plaintiff's tractor caused the damage to the plaintiff's tractor as listed in the Complaint. By way further answer, any damage was caused by the plaintiff rear-ending the plaintiff's tractor-trailer. 10. Admitted in part; denied in part. It is admitted that on May 21,2003, Matthew Kretz was Werner Enterprises employee. It is specifically denied that Matthew Kretz was the agent and/or servant of Werner Enterprises. By way of further answer, the remaining allegations of paragraph 10 are conclusions of law to which no response: is required under the Pennsylvania Rules of Civil Procedure. With regard to any remaining factual allegations, after reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant 11. Denied. The allegations contained in paragraph II are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 12 (a-e). Denied. It is specifically denied that Matthew Kretz and/or Werner Enterprises acted negligently or improperly in any respect whatsoever. By way further answer, the allegations contained in paragraph 12 (a-e) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 12 (a-e), after reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. DAMAGES 13 (a-I). Denied. It is specifically denied that Matthl~w Kretz and Werner Enterprises acted negligently or improperly in any respect whatsoever. By way further answer, the allegations contained in paragraph 13 (a-I) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 13 (a-I), after reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 14-15. Denied. After reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth ofthe allegations contained in paragraphs 14 and 15. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. By way further answer, the allegations contained in paragraphs 14 and 15 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 16. Denied. After reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 16. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 17. Denied. After reasonable investigation, Werner Enterprises is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 17. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. WHEREFORE, Werner Enterprises, requests that plai'ntiff's Complaint be dismissed with prejudice. NEW MATTER 18. Werner Enterprises asserts any and all defenses available to it under the Pennsylvania Motor Vehicle Financial Responsibility Law. 19. Plaintiff's cause of action is barred by the assured clear distance rule. 20. Plaintiff failed to mitigate his damages and any property damage incurred by Plaintiffs is not reasonable and/or related to the occurrence alleged in the Complaint. 21. Plaintiff's actions after the accident caused additional damage to plaintiff's tractor. WHEREFORE, Werner Enterprises, requests that judgment be entered in its favor and against plaintiff. COUNTERCLAIM 22. Werner Enterprises hereby incorporates by reference its answers to paragraphs 1 through 17 of plaintiff's Complaint and paragraphs 18 through 21 of its New Matter as if fully set forth at length. 23. On May 21, 2003, plaintiff rear-ended the tractor-trailed owned by Werner Enterprises. 24. Because of plaintiff's negligence, Werner Enterprises' trailer sustained damage in the amount of $492.66. A copy of the Estimate of Repairs is attached hereto, made a part hereof and marked as Exhibit "A". WHEREFORE, Werner Enterprises requests that jUdgment of $492.66 be entered in its favor and against plaintiff. FINEMAN KREKSTEIN & HARRIS, P.C. August 10, 2004 BY:~~ JV~RR~<\RRIS Attorney for Defendant Werner Enterprises Exhibit A l..~...~._~ GRA-GAr, INC. 1-80 & Hwy 50 P.O. Box 45659 Omaha, Nebraska 68145 phone (402) 895-6640 (-. ESTIMATE OF REPAIRS D.O.L. ~d \-O~ DATE PHONE NO. FILENO. JL/7 / 1/ REGISTERED OWNER TRUCK NO. LEGAL OWNER . ." II . ." : ". . . ~ \ c,C\ 1..\ 'V\~LJ - "." . ' ."",".."., .," : . . ~. i ::r:: .",,^,~,,-/) i I ). 1",- f ~ ^ A\ ,.'C'& Jfinr" -=.(fll Jp. nn / -...... / '\. I~ " 77 \ f\ f \~ i' f ~ 7 ~' i"\' -; 7 \ \'0\ t / / ~\ I. \ / JVt'-"\ / /' / \ /' , / TRAILER NO. APPRAISER LABOR ;;l7"\ @ 5 o. on $/3&f)L PARTS @ $~ PAINTLABOR~'O~~O.oo $ \GO.no TAX % $ .SUBLET AND TOWING $ .DOWN TIME _ A DAY @ _ DAYS $ $19,2& of this amount, the above named is insured to pay $ INSURANCE DEDUCTIBLE The above is an estimate based on our inspection and does not cover additional parts or labor which may be required after the work has been started. Work authorized by: Notification of additional damage: Authorization of additional charges: GRAND TOTAL VERIFICATION I, ROBERT FENNER, representative of defendant Werner Enterprises, Inc., hereby verify that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1--" / J -,~ r) ", ;:;::;:; ~- )~'" c~. (.;') o TI ~T~ 7] r- ?::JES (') ,i. )~ ?-~.~ ~ ( ) ~'jtn :,":,-1 ::~l '" ,~.I -i,,~ w C"l N JOHN TOBAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : NO. 04-2786 : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM New Matter 18. Denied. Paragraph 18 is a conclusion of law to whi,;h no response is required. 19. Denied. Paragraph 19 is a conclusion of law to which no response is required. 20. Denied. It is denied that Plaintiff failed to mitigate his damages. 21. Denied. It is denied that Plaintiff's actions after th,e accident caused additional damage. Counterclaim 22. No response is required. 23. Denied. It is denied that on May 21,2003 Plaintiffrear-ended the tractor trailer owned by Werner Enterprises. 24. Denied. It is denied that Werner Enterprise's trailer sustained damages in the amount of$492.66 and strict proof is required at the trial of the case. CLARA VAL & CLARA VAL ROBERT . CLARA VAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court J.D. #19222 Date: J? J/~ it) Y I , By Attorneys for Plaintiff VERIFICATION I, Robert F. Claraval, being duly SWorn according to law, depose and state that I am "'" """""y ,~ ~, P,,""ff', ,,", "'00 "'" "'" "'" ''''~''''ti" ""''''''''' " "'" """'m, document is true and correct to the best of my knowledge, information, and belief I understand that any false statements herein are made subject to the penalties of 18 Pa.C.s.A. ~4904, relating to unsworn falsification to authorities. JOHN TOBAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : NO. 04-2786 . CIVIL ACTION - LAW CERTIFICATE OF SERVICE Plaintiff's Reply to Defendant's New Matter and Counterclaim by first class mail, postage prepaid, I hereby certifY that I have this day served a true and correct copy of the attached addressed to the following person: Jay Barry Harris, Esq. Fineman Krekstein & Harris 30 South 17th Street, Suite 1800 Philadelphia, PA 19103-5413 CLARA VAL & CLARA VAL Date: 8 [1<0 I ()Lj . By---"DQ_~ lttdl1~ V\\Ll.- DENISE I. WILLIAMS, Secretary "-., ~~ ~Yl ..._~ .";" G':) 01 -T'. r:'~) Cl FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defjendants JOHN TOBAR COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff CIVIL ACTION v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ No. 04-2786 Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE: TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant Matthew Kretz in the above- captioned matter. JURY TRIAL DEMAND TO THE PROTHONOTARY: Demand is hereby made for a jury of twelve (12) people in the above-captioned matter. FINEMAN KREKSTEIN & HARRIS, P.C. BY: J Jc-/~ Y HAI~ I August 19,2004 Attorney for Defendants f".,':' w (,.,) c: JOHN TOBAR, Plaintiff v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2786 : CIVIL ACTION - LAW PRAECIPE Please withdraw my appearance on behalf of Plaintiff John Tobar. Date: 10 J,- \ )"r I I CLARA V AL & CLARA V AL By BERTF. VAL 500 North Third Street, 2nd Floor Harrisburg, P A 1710 1-1167 (717) 233-4780 Supreme Court J.D. #19222 \~ ') -,i , ~""'r '\) .------ SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2004-02786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOBAR JOHN VS WERNER ENTERPRISES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KRETZ MATTHEW but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ERIE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 26th , 2004 , this office was in receipt of the attached return from ERIE Sheriff's Costs: Docketing Out of County Surcharge Dep Erie County 18.00 9.00 10.00 76.00 .00 113.00 08/26/2004 ROBERT CLARAVAL So an~:<"" . j!. ~d,p..~.. ...,,;". .. ... :;::".,.- .r~~<<,. c. ~;;:,:'. R.C. Thomas Kline L./' Sheriff of Cumberland County -;~ ") Sworn and subscribed to before me this .3/..-k day of ~u...J- J-OVY A.D. (),~ Q ~ ,Q<fr.. Prothonotary 1-0' In The Court of Common Pleas of Cumberland County, Pennsylvania John Tobar VS. Werner Enterprises Inc et al SERVE: MAtthew Kretz 04-2786 civil No. Now, AUgust 2, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Erie County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~r"'/ /~ r ....~~4,,~-rl~ Sheriff of Cumherland County, PA See enclosed letter from attorney. Affidavit of Service Now, ,20 , at o'clock M. served the within upon __~~~_~_____.___ at by handing to a copy of the original and made known to the contents thereof. So anSwers, Sheriff of . County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02786 M COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE JOHN TOBAR VS WERNER ENTERPRISES ET AL ANTHONY SANFILIPPO , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon KRETZ MATTHEW the DEFENDANT , at 0925:00 Hour, on the 19th day of August 2004 at ERIE COUNTY COURT HOUSE 140 WEST 6TH ST ERIE, PA 16501 by handing to MATTHEW KRETZ a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. So Answers: Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 ..A;;$ '"7~' ::b Merski JijJf Sher~ Erie County @J Sworn and Subscribed to before me this 26;:6L de.y of ~rV'C c(ro i A.D. AdJ ;9-..1(( /U-<-J Notary NOTARIAL IlEAL BARBARAO.l\JRNER, NolIIy PublIc City 01 ErIe. ErIe COIIll'i My CoIlrlllllJl ElcphI ApI", 2lI07 . FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103-5413 (215) 893-9300 JOHN TOBAR COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff CIVIL ACTION v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ No. 04-2786 Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT MATTHEW KRETZ PARTIES I. Denied. After reasonable investigation, defendant Matthew Kretz (hereinafter referred to as "Matthew Kretz") is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph I. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 2. Admitted in part; denied in part. It is admitted that Werner Enterprises is a corporation. It is denied that it has offices at 523 East Lancaster Avenue, Wayne, Pennsylvania 19087. By way of further answer, Werner Enterprises' offices are located in Omaha, Nebraska. 3. Admitted in part; denied in part. It is admitted that Matthew Kretz was a Werner Enterprises employee on May 21, 2003. It is specifically denied that Matthew Kretz was Werner Enterprises' agent and that Matthew Kretz resides at 512 22nd Street, Erie, Pennsylvania. By way of further, the remaining allegations in paragraph 3 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any remaining factual allegations in paragraph 3, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. BACKGROUND 4. Denied. After reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 4. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 5. Admitted in part; denied in part. It is admitted that on May 21,2003, Matthew Kretz was operating a 2002 Peterbilt tractor. The remaining allegations in paragraph 5 are denied. Strict proof is demanded at the time of trial, if relevant. By way of further answer, it is admitted that Matthew Kretz was pulling a Wabash trailer. 6. Denied. After reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 6. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. By way of further answer, the allegations contained in paragraph 6 are conclusions of law to which no response is required under the Pennsylvania RuJes of Civil Procedure. 7. Admitted in part; denied in part. It is admitted that on May 21,2003, Matthew Kretz was traveling east on Route 11 in Middlesex Township, Cumberland County, Pennsylvania. The remaining allegations in paragraph 7 are denied. Strict proof is demanding at the time of trial, if relevant. NEGLIGENCE 8. Admitted in part; denied in part. It is admitted that while traveling on Route 11, Matthew Kretz moved from the left lane into the right lane. It is denied that Matthew Kretz suddenly moved back into the left lane causing his tractor-trailler to strike the right front corner of the tractor owned and driven by the plaintiff. By way further answer, this accident was caused when the plaintiff rear-ended the tractor-trailer driven by Matthew Kretz. 9. Denied. It is denied that the impact by the Werner Enterprises tractor-trailer to plaintiff's tractor caused the damage to the plaintiff's tractor as listed in the Complaint. By way further answer, any damage was caused by the plaintiff rear-ending the plaintiff's tractor-trailer. 10. Admitted in part; denied in part. It is admitted that on May 21,2003, Matthew Kretz was Werner Enterprises employee. It is specifically demied that Matthew Kretz was the agent and/or servant of Werner Enterprises. By way of further answer, the remaining allegations of paragraph 10 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any remaining factual allegations, after reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant 11. Denied. The allegations contained in paragraph 11 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 12 (a-e). Denied. It is specifically denied that Matthew Kretz and/or Werner Enterprises acted negligently or improperly in any respect whatsoever. By way further answer, the allegations contained in paragraph 12 (a-e) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 12 (a-e), after reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations, Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. DAMAGES 13 (a-I). Denied. It is specifically denied that Matthew Kretz and Werner Enterprises acted negligently or improperly in any respect whatsoever. By way further answer, the allegations contained in paragraph 13 (a-I) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 13 (a-I), after reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 14-15. Denied. After reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraphs 14 and 15. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. By way further answer, the allegations contained in paragraphs 14 and 15 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 16. Denied. After reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 16. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 17. Denied. After reasonable investigation, Matthew Kretz is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 17. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. WHEREFORE, Matthew Kretz, requests that plaintiff's Complaint be dismissed with prejudice. NEW MA TTER 18. Matthew Kretz asserts any and all defenses available to it under the Pennsylvania Motor Vehicle Financial Responsibility Law. 19. Plaintiff's cause of action is barred by the assured clear distance rule. 20. Plaintiff failed to mitigate his damages and any property damage incurred by Plaintiffs is not reasonable and/or related to the Occurrence alleged in the Complaint. 21. Plaintiff's actions after the accident caused additional damage to plaintiff's tractor. WHEREFORE, Matthew Kretz, requests that judgment be entered in its favor and against plaintiff. FINEMAN KREK:STEIN & HARRIS, P.c. September 8, 2004 BY:~.~ JA Y A RIS Attorney for Defendants ** ~0'39~d l~lOl ** , . re/I'n/2004 12: 13 FINEMFlN KREKSTEIN AND I-FiRRIS.PC. .. 197213S21129 NU.1l74 c;lOO? VElUFICATION I, MA T 1'lt.ll;W KRETZ, defendant in the within matter, hereby verify thaI the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated:9- 7- 0'/ ~0/~0'd 6[~8<:68S[c[6 01 ~.oi 9<:: 60 1>0,^~80 d3S 0 ...., Ci l...-::':;? C- c;:> ." ~- (,.? :~ -" rT'~ in - --", r-n -~ ~ ~-; c:J .;:.- ~:?~ , C) :c -, ..,....... ;,.;~ ::u .. e,-., , . :-Ci t- m -=4 ~3 ",.... C) '-'U .< JOHN TOBAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : NO. 04-2786 : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENUANT MATTHEW KRETZ'S NEW MATTER New Matter 18. Denied. Paragraph 18 is a conclusion of law to whi,;h no response is required. 19. Denied. Paragraph 19 is a conclusion of law to whic:h no response is required. 20. Denied. Paragraph 20 is a conclusion of law to which no response is required. 21. Denied. It is denied that Plaintiff's actions after the accident caused additional damage to Plaintiff's tractor. Date: 9 / 1~j,V , I By OBERTF. P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court J.D. #19222 Attorneys for Plaintiff VERIFICATION I, Robert F. Claraval, being duly sworn according to law, depose and state that I am the attorney for the Plaintiff in this action and that the information contained in the foregoing document is true and correct to the best of my knowledge, intornlation, and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. JOHN TOBAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : NO. 04-2786 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE; I hereby certifY that I have this day served a true and correct copy of the attached Plaintiffs Reply to Defendant Matthew Kretz's New Matter by first class mail, postage prepaid, addressed to the following person: Jay Barry Harris, Esq. Fineman Krekstein & Harris 30 South 17th Street, Suite 1800 Philadelphia, PA 19103-5413 CLARA VAL & CLARA V AL Date: q /14/0</ By~2d11ta~ DENISE 1. WILLIAMS, Secretary 0 ....., 0 = c- c-:-.. -II ",- ~.. C0 ". ,"1; -.;... C'I -:1 ; -r.. ('.. / :') ,-- -~ ,..- JOHN TOBAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-2786 WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICI~ I hereby certify that I have this day the originals of Plaintiffs Interrogatories Addressed to Defendant Matthew Kretz - First Set and Plaintiffs Request for Production of Documents Addressed to Defendant Matthew Kretz - First Set by first class mail, postage prepaid, addressed to the following person: Jay Barry Harris, Esq. Fineman Krekstein & Harris 30 South 17th Street, Suite 1800 Philadelphia, PA 19103-5413 CLARA VAL & CLARA V AL Date: 1)../9/0C.( BY~~Q~ DENISE 1. 'WILLIAMS, Secretary C) c~. T""..",') ~,.~':-:) {"',..,. r c:'J r'" , i,-";:' __.:i 0:) ".":'1 (}1 --~ C') "'j,'-i ---1 ~1= _ i "j).',' IT] . ", "lj ('\ =-; :\ C) IP Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN TOBAR, v. : NO. 04-2786 WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVIC]~ I hereby certify that I have this day the originals of Plaintiff s Interrogatories Addressed to Defendant Werner Enterprises - First Set and Plaintiffs Request for Production of Documents Addressed to Defendant Werner Enterprises - First Set by first class mail, postage prepaid, addressed to the following person: Jay Barry Harris, Esq. Fineman Krekstein & Harris 30 South 17th Street, Suite 1800 Philadelphia, PA 19103-5413 CLARA VAL & CLARA V AL Date: 1;;>'/ e lOt/ BY~W Juc:.rM DENISE I. 'WILLIAMS, Secretary (~,~~ ~~ .r:.- c:? en c-;, I',' c-J -d .-~ ::r.:~.... \_~:~ S:'~ '--' (..0> }:I,\ : 1.1-\ . , ~ .\ )J_ ....,."1 01 _I - Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN TOBAR, v. : NO. 04-2786 WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants : CIVIL ACTION - LA W CERTIFICATE OF SERVIC:E~ I hereby certify that I have this day the originals of Plaintiff s Answers to Defendants' Interrogatories - First Set, Plaintiff s Answers to Defendants' Interrogatories - Second Set, Plaintiff s Responses to Defendants' Request for Production of Documents - First Set and Plaintiff s Responses to Defendants' Request for Production of Documents - Second Set by first class mail, postage prepaid, addressed to the following person: Jay Barry Harris, Esq. Fineman Krekstein & Harris 30 South 17th Street, Suite 1800 Philadelphia, PA 19103-5413 CLARA V AL & CLARA V AL Date: l;lle/Oll By DENISE 1. WILLIAMS, Secretary /-.. .......:l ) <:.:::1 () (- cC') ""-- .'1, (":;I r. ! C) (...) '" ,..../ Ul (}; Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, P A 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com Attorneys for Plaintiff John Tobar Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANlA JOHN TOBAR, v. CNIL ACTION - LAW WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants NO.: 04-2786 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, John Tobar, in connection with the above-captioned matter. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: -1.121 n I () I; By: Orhl'l-d (J-(j{'~ Amy r.:. Corye - ost, Esq. CERTIFICATE OF SERVICE I, Diana H. Umbenhauer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Entry of Appearance upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: Robert F. Claraval, Esq. Claraval & Claraval 500 N. 3rd Street, 2nd Floor Harrisburg, P A 17108-1965 Jay Barry Harris, Esq. Fineman, Krekstein & Harris, P.C. 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103-5413 Date: H/;7/0s - J ~. / C"/U /? ~~""~'-. '-fl.~?-" Diana H. Umbenhauer Secretary to Amy L. Coryer-Host, Esq. ~-, .c'..::'; .~J c.rl e-:> (-) -,I c:) (.,) ~D _l ."""~ I \ . Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer, Esq. ID# 82718 225 Market Street, Suite 304 Harrisburg, P A 171 08-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JOHN TOBAR, Plaintiff v. WERNER ENTERPRISES, INC. and MATTHEW KRETZ, Defendants Attorneys for Plaintiff John Tobar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 04-2786 JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter ended, settled and discontinued. Date: '? I I IN., Respectfully Submitted, ~~ I.. {l(jL- Amy L. Coryer, Es . Attorney for Plaintiff ) . CERTIFICATE OF SERVICE I, Diana H. Umbenhauer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Praecipe for Discontinuance upon the following person at the following address by sending same in the United States mail, first-class, postage-paid: Jay Barry Harris, Esq. Fineman, Krekstein & Harris, P.C. 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103-5413 Date: g Ilob ~ Diana H. Umbenhauer Secretary to Amy L. Coryer, Esq. ....., i~n J r"~..) r,,) '..1..)